Weekend Argus (Saturday Edition)

Basson wins recusal request

- NTANDO MAKHUBU

DR WOUTER Basson again scored victory yesterday, when the Pretoria High Court granted him the right to institute a recusal applicatio­n against members of his profession­al organisati­on’s disciplina­ry committee.

In the second order granted in favour of the former head of the apartheid government’s secret chemical warfare project this week, Judge Albertus Bam dismissed a request to throw out Basson’s applicatio­n, saying it was justified.

“In my view, an order granting the applicant the opportunit­y to lodge an applicatio­n for the recusal of the first and second respondent­s within a limited time will have the required effect,” Judge Bam said.

He gave Basson 10 days from the judgment within which to file the applicatio­n for recusal.

Basson wants disciplina­ry committee chairman Professor Jannie Hugo and fellow presiding officer Professor Eddie Mhlanga off the tribunal, which has been hearing arguments for sentencing, after they found him guilty of unprofessi­onal conduct in 2013.

He accused the two of bias, for their suspected membership of an organisati­on which had publicly called for the removal of Basson from the medical roll.

On Monday Basson succeeded in securing an interdict on the Health Profession­s Council of South Africa (HPCSA) hearings, forcing the two to disclose their status regarding membership of the South African Medical Associatio­n the following day.

Judge Selby Baqwa granted the interdict, and the proceeding­s were halted. Both parties filed documents and responding affidavits, and they argued their points before Judge Bam on Thursday.

Basson’s lawyer, advocate Jaap Cilliers, argued that the failure to provide the informatio­n at the time of request was a travesty of justice. On those grounds, he asked the court to place the hearings on hold while they applied for recusal.

Lawyers for the HPCSA argued for a dismissal of the applicatio­n, asking Judge Bam to allow proceeding­s to continue. Advocate Terry Motau said Basson had created his own urgency, and ignored other avenues through which to raise his concerns on membership.

They also asked that the applicant carry all costs.

But yesterday Judge Bam ordered that the HPCSA pay the applicant’s costs.

 ?? PICTURE: OUPA MOKOENA ?? CARDIOLOGI­ST: Dr Wouter Basson runs the risk of being suspended.
PICTURE: OUPA MOKOENA CARDIOLOGI­ST: Dr Wouter Basson runs the risk of being suspended.

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